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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-6/section-6-6-480/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 6 - Salaries of Public Officials or Employees.›Section 6-6-480 - "Salary" Defined.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-480 - "Salary" Defined.
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Section 6-6-480
"Salary" defined.
The term "salary," as used in this division, is not intended to include or cover costs and charges of court or fees, commissions, percentages, or allowances of public officers, and such are not subject to writs of garnishment under the provisions of this division.
(Acts 1923, No. 427, p. 575; Code 1923, §8090; Code 1940, T. 7, §1034.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-6/section-6-6-481/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 6 - Salaries of Public Officials or Employees.›Section 6-6-481 - Who May Be Garnished; How Effected.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-481 - Who May Be Garnished; How Effected.
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Section 6-6-481
Who may be garnished; how effected.
(a) Money due officials or employees of a city, county, or state government, or any department or institution thereof, as salary for services performed for or on behalf of said city, county, or state, or any department or institution thereof, may be garnished.
(b) In such cases, the writ of garnishment may be served on the person authorized by law to draw the warrant on the treasury of said government or to issue a check for such salary so due, and such person shall be required to answer said writ in accordance with the mandate thereof and as provided by law.
(Acts 1923, No. 427, p. 575; Code 1923, §§8088, 8089; Code 1940, T. 7, §§1032, 1033.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-6/section-6-6-482/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 6 - Salaries of Public Officials or Employees.›Section 6-6-482 - Writ to Issue Only After Final Judgments on Actions Ex Contractu.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-482 - Writ to Issue Only After Final Judgments on Actions Ex Contractu.
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Section 6-6-482
Writ to issue only after final judgments on actions ex contractu.
The salary referred to in this division is not subject to a writ of garnishment in aid of a pending action, but such writ may issue only after final judgment, on which execution can issue, entered in actions on contracts or growing out of contracts express or implied and being judgments ex contractu. The judgment on which such writ can issue must be founded upon a debt, demand, or claim against said defendant which originated subsequent to September 26, 1923. The salary referred to in this division is not subject to writ of garnishment issued on judgments ex delicto.
(Acts 1923, No. 427, p. 575; Code 1923, §8091; Code 1940, T. 7, §1035.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-6/section-6-6-483/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 6 - Salaries of Public Officials or Employees.›Section 6-6-483 - Answer of State Official Garnished to Show Assent to Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-483 - Answer of State Official Garnished to Show Assent to Judgment.
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Section 6-6-483
Answer of state official garnished to show assent to judgment.
Where an official of the State of Alabama or other person designated in this division has been garnished, as provided by Section 6-6-482, and answer has been filed by said person, in accordance with the mandate of said writ, admitting that the said State of Alabama is due, or will be due, the defendant in said garnishment proceedings money for salary and has said money ready for payment when due, the said answer must also show the assent of said person that judgment may be entered in said case for the amount shown in said answer or so much thereof as may be necessary to satisfy plaintiff's judgment. In no case shall judgment against said official or other person designated in this division as the agent of the state be entered on said answer or in said garnishment proceedings unless such assent and consent to said judgment is shown in said answer. When such final judgment is so entered, after trial of said proceedings, the said judgment shall be against the official or person returning said answer as such official or agent of the State of Alabama, as garnishee, and said judgment shall show that said official or person, as such agent of the state, consented that such judgment be entered in said garnishment proceedings.
(Acts 1923, No. 427, p. 575; Code 1923, §8092; Code 1940, T. 7, §1036.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-9/division-6/section-6-6-484/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 9 - Garnishments.›Division 6 - Salaries of Public Officials or Employees.›Section 6-6-484 - Drawing of Warrant or Check for Money Due as Salary.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 9 - Garnishments. › Division 6 - Salaries of Public Officials or Employees. › Section 6-6-484 - Drawing of Warrant or Check for Money Due as Salary.
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Section 6-6-484
Drawing of warrant or check for money due as salary.
After such writ has been served as provided in this division, the said agent of the state shall draw no warrant or check for the money due such defendant as salary and included in the answer filed in said garnishment case until said garnishment proceedings have terminated, unless said writ is dissolved in the manner provided by the statutes. After final judgment condemning said money as provided in this division, said agent of the state may draw a warrant or check for the money so condemned and deliver same to the clerk of the court or to the court where such judgment was obtained.
(Acts 1923, No. 427, p. 575; Code 1923, §8093; Code 1940, T. 7, §1037.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-10/section-6-6-500/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 10 - Injunctions.›Section 6-6-500 - Who May Grant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-500 - Who May Grant.
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Section 6-6-500
Who may grant.
Injunctions may be granted, returnable into any of the circuit courts in this state, by the judges of the supreme court, court of civil appeals, court of criminal appeals, and circuit courts.
(Code 1852, §2971; Code 1867, §3426; Code 1876, §3867; Code 1886, §3520; Code 1896, §784; Code 1907, §4512; Code 1923, §8288; Code 1940, T. 7, §1038.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-10/section-6-6-501/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 10 - Injunctions.›Section 6-6-501 - Dissolution of Preliminary Injunction.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-501 - Dissolution of Preliminary Injunction.
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Section 6-6-501
Dissolution of preliminary injunction.
A motion to dissolve will lie to the granting of a preliminary injunction only for matters subsequently occurring.
(Code 1907, §4532; Code 1923, §8308; Code 1940, T. 7, §1058.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-10/section-6-6-502/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 10 - Injunctions.›Section 6-6-502 - Enjoining or Restraining Enforcement of Ordinance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-502 - Enjoining or Restraining Enforcement of Ordinance.
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Section 6-6-502
Enjoining or restraining enforcement of ordinance.
No temporary restraining order or preliminary injunction shall ever issue to any municipality of this state, its officers, agents, or employees, enjoining or restraining the enforcement of any ordinance of such municipality, whether valid or invalid, or any proceedings thereunder, until a time and place have been set for the hearing of the application for such temporary restraining order or preliminary injunction, and notice of such time and place, together with a copy of the complaint, has been served upon the mayor or other chief executive officer of such municipality at least 24 hours prior to the time set for such hearing.
(Acts 1927, No. 84, p. 64; Code 1940, T. 7, §1063.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-10/section-6-6-503/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 10 - Injunctions.›Section 6-6-503 - Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 10 - Injunctions. › Section 6-6-503 - Enjoining Unauthorized or Unlawful Practice of Profession, Occupation, or Calling.
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Section 6-6-503
Enjoining unauthorized or unlawful practice of profession, occupation, or calling.
(a) The unauthorized or unlawful practice of any profession, occupation or calling by any person, firm, or corporation may be enjoined by any court of competent jurisdiction on complaint brought in the name of any public body or officer having authority conferred by statute to regulate or to license the activity engaged in by such person, firm, or corporation.
(b) The provisions of this section are cumulative. The authority conferred by the section is in addition to and supplementary to all other statutes, civil and criminal, dealing with the subject matter of this section. The section shall apply retrospectively and prospectively.
(Acts 1967, No. 509, p. 1225.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-520/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-520 - Complaint to Preserve Estate of Intemperate From Waste and for General Relief.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-520 - Complaint to Preserve Estate of Intemperate From Waste and for General Relief.
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Section 6-6-520
Complaint to preserve estate of intemperate from waste and for general relief.
(a) When any person over 19 years of age or any person under 19 years of age who has been relieved of the disabilities of nonage is, by reason of intemperance, unfit to manage his estate, or is wasting or squandering it and thereby in danger of being reduced to poverty and want, his wife or her husband, brother or sister, father or mother, next of kin, or any or either of them may, themselves or by their next friend, if minors, file their complaint to preserve the estate of such intemperate person from further waste and for general relief.
(b) The complaint provided for in subsection (a) of this section must specify the cause for which relief is requested and the estate proposed to be secured, and such person of intemperate habits must be made a party defendant thereto.
(Code 1867, §§2399, 2400; Code 1876, §§2815, 2816; Code 1886, §§2502, 2503; Code 1896, §§836, 837; Code 1907, §§4611, 4612; Code 1923, §§8555, 8556; Code 1940, T. 7, §§1064, 1065.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-521/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-521 - Securing Estate Against Further Waste Pending Action.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-521 - Securing Estate Against Further Waste Pending Action.
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Section 6-6-521
Securing estate against further waste pending action.
Pending such action, the judge must, by injunction or otherwise, secure the estate against further waste, but no such order affects the rights of creditors acquired previous to the commencement of the action.
(Code 1867, §2402; Code 1876, §2818; Code 1886, §2505; Code 1896, §838; Code 1907, §4613; Code 1923, §8557; Code 1940, T. 7, §1066.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-522/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-522 - Trustee - Appointment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-522 - Trustee - Appointment.
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Section 6-6-522
Trustee - Appointment.
If the allegations of the complaint are admitted, either expressly or by failure to answer thereto, or it is established by proof that the allegations of the complaint are true and that such person is wasting his estate, or is for the cause alleged unfit for its management, so that such person will probably be reduced to want, the circuit court judge must deprive him of all further control over it and provide for its safekeeping by the appointment of a trustee, who shall give bond in double the value of the estate committed to him, to be approved by the register or clerk.
(Code 1867, §2400; Code 1876, §2816; Code 1886, §2503; Code 1896, §837; Code 1907, §4612; Code 1923, §8556; Code 1940, T. 7, §1065.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-523/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-523 - Trustee - Duties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-523 - Trustee - Duties.
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Section 6-6-523
Trustee - Duties.
The trustee appointed under this article must manage and superintend the affairs of the estate and, from the avails thereof, provide for the support of such intemperate person and his wife and children, if any, which support must be suitable to the means and estate of such intemperate person.
(Code 1867, §2401; Code 1876, §2817; Code 1886, §2504; Code 1896, §839; Code 1907, §4614; Code 1923, §8558; Code 1940, T. 7, §1067.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-524/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-524 - Trustee - Control by Appointing Court.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-524 - Trustee - Control by Appointing Court.
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Section 6-6-524
Trustee - Control by appointing court.
The court making such appointment may direct and control the trustee in the management of the trust estate and has jurisdiction of the settlements, partial and final, of his accounts.
(Code 1896, §841; Code 1907, §4616; Code 1923, §8560; Code 1940, T. 7, §1069.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-525/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-525 - Trustee - Partial and Final Settlements of Account.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-525 - Trustee - Partial and Final Settlements of Account.
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Section 6-6-525
Trustee - Partial and final settlements of account.
The trustee must, at least once in three years, make partial settlement of his accounts and may be required to do so at any time; and, on the termination of the trust, he or, if he is dead, his personal representative must make final settlement thereof, such settlement to be governed by the provisions of this Code regulating settlements of guardian's accounts in the court of probate, so far as such provisions may be applicable.
(Code 1896, §842; Code 1907, §4617; Code 1923, §8561; Code 1940, T. 7, §1070.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-526/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-526 - Trustee - Compensation.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-526 - Trustee - Compensation.
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Section 6-6-526
Trustee - Compensation.
Such trustee is entitled, for his services, to such compensation as is allowed guardians.
(Code 1896, §843; Code 1907, §4618; Code 1923, §1071; Code 1940, T. 7, §1071.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-11/section-6-6-527/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 11 - Intemperates and Inebriates.›Section 6-6-527 - Restoration of Estate.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 11 - Intemperates and Inebriates. › Section 6-6-527 - Restoration of Estate.
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Section 6-6-527
Restoration of estate.
On the petition of the person whose estate has been committed to the control of a trustee, on notice to such trustee and on satisfactory proof of the reformation of such intemperate person and of his fitness to have charge of his estate, the judge must order it to be restored.
(Code 1867, §2403; Code 1876, §2819; Code 1886, §2506; Code 1896, §840; Code 1907, §4615; Code 1923, §8559; Code 1940, T. 7, §1068.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-540/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-540 - Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-540 - Right of Action to Settle Title to Lands by Person in Peaceable Possession Thereof.
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Section 6-6-540
Right of action to settle title to lands by person in peaceable possession thereof.
When any person is in peaceable possession of lands, whether actual or constructive, claiming to own the same, in his own right or as personal representative or guardian, and his title thereto, or any part thereof, is denied or disputed or any other person claims or is reputed to own the same, any part thereof, or any interest therein or to hold any lien or encumbrance thereon and no action is pending to enforce or test the validity of such title, claim, or encumbrance, such person or his personal representative or guardian, so in possession, may commence an action to settle the title to such lands and to clear up all doubts or disputes concerning the same.
(Code 1896, §809; Code 1907, §5443; Code 1923, §9905; Code 1940, T. 7, §1109.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-541/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-541 - Contents of Complaint.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-541 - Contents of Complaint.
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Section 6-6-541
Contents of complaint.
The complaint authorized by Section 6-6-540 must describe the lands with certainty, must allege the possession and ownership of the plaintiff and that the defendant claims, or is reputed to claim, some right, title, or interest in, or encumbrance upon, such lands and must call upon him to set forth and specify his title, claim, interest, or encumbrance and how and by what instrument the same is derived and created.
(Code 1896, §810; Code 1907, §5444; Code 1923, §9906; Code 1940, T. 7, §1110.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-542/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-542 - Contents of Answer.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-542 - Contents of Answer.
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Section 6-6-542
Contents of answer.
If the defendant shall answer claiming any estate, interest in, or encumbrance upon the lands, he must, in his answer, specify and set forth the title, claim, interest, or encumbrance so claimed and, if not claimed in or upon the whole of such lands, he must specify and describe with sufficient certainty the part in, or upon which, the same is claimed and the manner in which, and the sources through which, such title, claim, interest, or encumbrance is claimed to be derived and created.
(Code 1896, §811; Code 1907, §5445; Code 1923, §9907; Code 1940, T. 7, §1111.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-543/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-543 - Trial by Jury or Determination by Court; Entry and Effect of Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-543 - Trial by Jury or Determination by Court; Entry and Effect of Judgment.
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Section 6-6-543
Trial by jury or determination by court; entry and effect of judgment.
Upon the application of either party in a proceeding under Section 6-6-540, a trial by jury shall be directed to determine the issues or any specified issue of fact presented by the pleadings, and the court is bound by the result, but may, for sufficient reasons, order a new trial thereof; and when a trial by jury is not requested, or as to the facts for which the same is not requested, the court shall consider and determine any title, claim, interest, or encumbrance. The court shall, upon the finding of the jury or upon such consideration and determination, finally adjudge whether the defendant has any right, title, or interest in, or encumbrance upon, such lands, or any part thereof, what such right, title, interest, or encumbrance is and in or upon what part of the lands the same exists; and such judgment is binding and conclusive upon all the parties to the action.
(Code 1896, §812; Code 1907, §5446; Code 1923, §9908; Code 1940, T. 7, §1112.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-544/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-544 - Filing of Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-544 - Filing of Judgment.
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Section 6-6-544
Filing of judgment.
The register or clerk shall, within 30 days from the entry of a judgment under this division, file the same or a certified transcript thereof for record in the probate court of the county in which the land lies and tax the expense thereof in the costs of the case. The probate judge shall record the judgment in the same book and manner in which deeds are recorded and index the names of defendants or parties against whom the relief is granted in the direct index and the names of the plaintiffs or parties quieted in possession of the land in the reverse index.
(Code 1907, §5447; Code 1923, §9909; Code 1940, T. 7, §1113.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-545/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-545 - Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-545 - Costs.
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Section 6-6-545
Costs.
No judgment for costs shall be had under this division against a defendant who suffers a judgment by default against him or who, in his answer, disclaims all title to, interest in, or encumbrance on the lands; but the court shall, in those cases, without further proof, adjudge that such defendant has no estate or interest in or encumbrance on such lands, or any part thereof. Any defendant who shall, by answer under oath, deny that he claims, or ever has claimed, or pretended to have any estate, interest, or encumbrance in, or upon, such lands, or any part thereof, shall be entitled to recover his costs in the action.
(Code 1896, §813; Code 1907, §5448; Code 1923, §9910; Code 1940, T. 7, §1114.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-1/section-6-6-546/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 1 - Proceedings in Personam.›Section 6-6-546 - Commencement of Action by State.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 1 - Proceedings in Personam. › Section 6-6-546 - Commencement of Action by State.
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Section 6-6-546
Commencement of action by state.
The state may commence an action under the provisions of this division to quiet the title to any lands belonging to the state, any school lands or any lands belonging to any educational or charitable institution which is wholly or partially supported by the state, whether the state or owner of the legal title to such lands is in possession thereof or not.
(Code 1907, §5449; Code 1923, §9911; Code 1940, T. 7, §1115.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-560/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-560 - Who May File Complaint to Establish Right or Title to Lands or Interest Therein.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-560 - Who May File Complaint to Establish Right or Title to Lands or Interest Therein.
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Section 6-6-560
Who may file complaint to establish right or title to lands or interest therein.
When any person, natural or artificial, claims, either in his own right or in any representative capacity whatsoever, to own any lands or any interest therein, and is in the actual, peaceable possession of the land, or if neither he nor any other person is in the actual possession of the lands and he holds, and has held, color of title to the lands, or interest so claimed, for a period of 10 or more consecutive years next preceding and has paid taxes on the lands or interest during the whole of such period, or if he, together with those through whom he claims, has held color of title and paid taxes on the land or interest so claimed during the whole of such period of time, or if he and those through whom he claims have paid taxes during the whole of such period of 10 years on the lands or interest claimed and no other person has paid taxes thereon during any part of said period, he may, if no action is pending to test his title to, interest in or his right to the possession of such lands, file a verified complaint in the circuit court of the county in which such lands lie against said lands and any and all persons claiming, or reputed to claim, any title to, interest in, lien, or encumbrance on said lands, or any part thereof, to establish the right or title to such lands or interest and to clear up all doubts or disputes concerning the same.
(Acts 1923, No. 526, p. 699; Code 1923, §9912; Code 1940, T. 7, §1116; Acts 1951, No. 882, p. 1521, §1.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-561/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-561 - Contents of Complaint.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-561 - Contents of Complaint.
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Section 6-6-561
Contents of complaint.
A complaint under this division must be brought against the land or the interest therein sought to be established. It must describe said land or the interest therein sought to be established, with certainty, and state specifically what claim, title, or interest in, or to, said lands the plaintiff claims to have and from whom and how such interest or title so claimed in, or to, said lands was obtained. It shall also make party or parties defendant to said complaint all persons against whom the plaintiff claims title to said lands, or the interest therein sought to be established, and if the names of such persons cannot be ascertained by the plaintiff with certainty, they may be designated and joined as unknown parties. Such complaint shall also make party or parties defendant thereto all persons who are known to the plaintiff to have had possession of said lands, or any part thereof, within 10 years next preceding the filing of the complaint, or who are known to the plaintiff to claim said lands, any part thereof or any interest therein, whether such interest be present, future, contingent, reversionary, or otherwise. Such complaint shall also make party or parties defendant thereto all persons who have at any time within 10 years next preceding the filing of the complaint assessed or paid any taxes upon said lands or any interest therein; provided, however, that those parties appearing in the chain of title who have voluntarily conveyed their interest or interests in said lands to the plaintiff or to those through whom the plaintiff derives title need not be made parties to said complaint. The ages and addresses of all defendants to the complaint shall be stated in the complaint, if known, and if any are known or suspected to be of unsound mind, this fact shall also be alleged. Should any of the persons mentioned in this section, at the time of the filing of the complaint, be deceased and such fact be known to the plaintiff, his heirs or devisees shall be made parties in his stead. Should the plaintiff, after exercising reasonable diligence, be unable to locate the whereabouts and to ascertain with certainty whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint and such defendant may then be made a party in his name followed by the words: "— and his heirs or devisees, if deceased," and a valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.
(Acts 1923, No. 526, p. 699; Code 1923, §9913; Code 1940, T. 7, §1117; Acts 1951, No. 882, p. 1521, §2.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-562/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-562 - Appointment of Guardians Ad Litem.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-562 - Appointment of Guardians Ad Litem.
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Section 6-6-562
Appointment of guardians ad litem.
On the filing of a complaint as authorized under Section 6-6-560, should it appear that any of the defendants are infants or persons of unsound mind or should the identity of some, or all, of said defendants be unknown, the court shall forthwith appoint a guardian ad litem to represent and defend the interest of such infant, incompetent or unknown parties in the proceeding.
(Acts 1951, No. 884, p. 1526.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-563 - Service of Process.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-563 - Service of Process.
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Section 6-6-563
Service of process.
If any of the parties set out in Section 6-6-562, whose names are known, reside in the State of Alabama, a copy of the complaint must be served upon them, in the same manner that process is served on defendants in civil actions. If any of the aforementioned parties reside out of the state and addresses are known, a summons, together with a copy of said complaint, shall be sent by the register or clerk of the court in which the proceeding is pending to such parties by registered or certified mail, postage prepaid, marked "For Delivery to Addressee Only," and return receipt demanded, addressed to the register or clerk of the court in which the proceeding is pending. The publication notice provided in Section 6-6-564 shall in all respects serve as notice to unknown parties whose whereabouts are not known and parties who conceal themselves so that the process cannot be served on them, and no other advertising or other form of notice shall be required as to such parties. However, the register or clerk shall take the same form of affidavit as to such parties as is required under the Alabama Rules of Civil Procedure.
(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-564 - Publication of Notice.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-564 - Publication of Notice.
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Section 6-6-564
Publication of notice.
Notice of the pendency of the complaint provided for in Section 6-6-561 shall be drawn and signed by the register or clerk of the court in which the proceeding is pending, and the register or clerk shall have such notice published once a week for four consecutive weeks in some newspaper having general circulation and published in the county where the lands lie or, if no newspaper is published in said county, then in such a newspaper published in an adjoining county; if no such newspaper is published in an adjoining county, then in such a newspaper published in the county nearest to the county where said lands lie. Each circuit court in the state must prescribe, by a rule of the court or by a separate order made in each case, in what newspaper such publications may be made.
(Acts 1923, No. 526, p. 699; Code 1923, §9915; Code 1940, T. 7, §1119.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-565 - Time to Answer; Default Judgments.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-565 - Time to Answer; Default Judgments.
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Section 6-6-565
Time to answer; default judgments.
All defendants shall have 30 days from the date of service to answer the complaint, and those served by publication shall have 30 days after the perfection of such service so to answer. In default of answers by any defendants, judgments by default shall be entered against them, in accordance with civil practice.
(Acts 1923, No. 526, p. 699; Code 1923, §9914; Code 1940, T. 7, §1118; Acts 1951, No. 882, p. 1521, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-566 - Prima Facie and Conclusive Evidence of Title.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-566 - Prima Facie and Conclusive Evidence of Title.
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Section 6-6-566
Prima facie and conclusive evidence of title.
(a) Against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of actual, peaceable possession by the plaintiff and color of title to said lands in the plaintiff shall be conclusive evidence of title to said lands in the plaintiff.
(b) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the five years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said five-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said five-year period shall be prima facie evidence of title to said lands in the plaintiff.
(c) Against all persons who have neither paid any taxes upon said lands nor had any possession thereof, or of any part thereof, during the 10 years next preceding the filing of the complaint, against all parties to the complaint who have made no answer thereto within the time allowed for such purpose and against all persons not intervening in said case and claiming an interest in said lands prior to the time the case became at issue, proof of color of title to said lands in the plaintiff or in the plaintiff and those through whom he claims title, and payment of taxes during said 10-year period by the plaintiff or by the plaintiff and those through whom he claims title, or proof of exclusive payment of taxes by the plaintiff or by the plaintiff and those through whom he claims title, during said 10-year period, shall be conclusive evidence of title to said lands in the plaintiff.
(Acts 1923, No. 526, p. 699; Code 1923, §9919; Code 1940, T. 7, §1123; Acts 1951, No. 882, p. 1521, §6.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-567 - Interest or Title to Be Shown by Legal Evidence.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-567 - Interest or Title to Be Shown by Legal Evidence.
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Section 6-6-567
Interest or title to be shown by legal evidence.
The allegations of the complaint shall not be taken as confessed for the failure of any person to answer the complaint, and in all cases, the interest or title sought to be established in or to the lands must be shown by legal evidence.
(Acts 1923, No. 526, p. 699; Code 1923, §9920; Code 1940, T. 7, §1124.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-568/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-568 - Intervention.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-568 - Intervention.
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Section 6-6-568
Intervention.
Any person may, during the pendency of proceedings under this division, and at any time before the entry of the final judgment hereunder, intervene in said action and file a claim therein, and propound his title to the property described in the complaint or to the interest therein sought to be established.
(Acts 1923, No. 526, p. 699; Code 1923, §9924; Code 1940, T. 7, §1128; Acts 1951, No. 882, p. 1521, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-569 - Judgment - Contents.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-569 - Judgment - Contents.
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Section 6-6-569
Judgment - Contents.
If, upon the hearing of the case set out under Section 6-6-561, the title to the lands or any part of the lands described in the complaint or any interest claimed by the plaintiff, counterclaimant, or claimant, in said property, or any part thereof, be duly proved, the court shall adjudge the title to such property, or the interest therein, claimed in the complaint to be in the plaintiff, counterclaimant, or claimant, or partly in one and partly in the other, specifying the part in or to which each has title or interest, and such judgment shall be binding and conclusive on all parties made defendant in said case.
(Acts 1923, No. 526, p. 699; Code 1940, T. 7, §1126; Acts 1951, No. 882, p. 1521, §7.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-570/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-570 - Judgment - Recordation.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-570 - Judgment - Recordation.
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Section 6-6-570
Judgment - Recordation.
The court shall, in the judgment, order that a certified copy thereof be recorded in the office of the judge of probate for the county in which the lands lie, and in the judgment direct in whose names it shall be indexed on the direct index and in whose names it shall be indexed on the indirect index of the record thereof. The register or clerk shall, within 30 days from the entry of the judgment, file a certified copy thereof in the office of the judge of probate for record and tax the expense thereof as part of the cost of the case. The judge of probate shall record such copy in the same book and manner in which deeds are recorded and index the same as in said judgment ordered or directed. Said judgment shall be binding upon all persons except as is provided in this division.
(Acts 1923, No. 526, p. 699; Code 1923, §9923; Code 1940, T. 7, §1127.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-571 - Assessment of Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-571 - Assessment of Costs.
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Section 6-6-571
Assessment of costs.
The court shall have the power to assess the cost of a hearing held pursuant to the terms of this division, including the fee of the guardian ad litem, to the plaintiffs; provided, that should some of the defendants file counterclaims or should certain persons intervene, the cost shall be assessed by the court as justice may require.
(Acts 1951, No. 882, p. 1521.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-572 - To Whom Title or Interest Inures.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-572 - To Whom Title or Interest Inures.
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Section 6-6-572
To whom title or interest inures.
When title or interest is established in anyone under the provisions of this division, it shall inure to the benefit of all persons who derive title to said lands, or any interest, from or through the person in whose favor such title or interest is so established, and such title or interest shall be at all times treated and considered as though it had been established in favor of the person so procuring or deriving title.
(Acts 1923, No. 526, p. 699; Code 1923, §9927; Code 1940, T. 7, §1131.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-12/division-2/section-6-6-573/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 12 - Quieting Title and Determination of Claims to Land.›Division 2 - Proceedings in Rem.›Section 6-6-573 - Remedy and Procedure Cumulative.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 12 - Quieting Title and Determination of Claims to Land. › Division 2 - Proceedings in Rem. › Section 6-6-573 - Remedy and Procedure Cumulative.
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Section 6-6-573
Remedy and procedure cumulative.
The remedy and procedure mentioned in this division shall be cumulative and not exclusive of any other proceedings to quiet title to real property.
(Acts 1923, No. 526, p. 699; Code 1923, §9928; Code 1940, T. 7, §1132.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-590 - Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-590 - Right of Action and Venue - Vacating Charter or Annulling Existence of Corporation.
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Section 6-6-590
Right of action and venue - Vacating charter or annulling existence of corporation.
(a) An action may be commenced under this article, in the name of the state, against the offending corporation, on the information of any person for the purpose of vacating the charter or annulling the existence of any corporation, other than municipal, whenever such corporation:
(1) Offends against any of the acts creating, altering, or renewing such corporation;
(2) Violates the provisions of any law, by which such corporation forfeits its charter, by abuse of its powers;
(3) Has forfeited its privileges or franchises by failure to exercise its powers;
(4) Has done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises; or
(5) Exercises a franchise or privilege not conferred on it by law.
(b) The judge of the circuit court, whenever he believes that any of the acts or omissions specified in subsection (a) of this section can be proved and it is necessary for the public good, must direct the district attorney to commence an action, or an action may be commenced without the direction of the judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is commenced.
(c) Actions under this section must be commenced in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, of any county in which it does business; or if it has no principal office and is doing no business in the state, such action may be commenced in any county.
(Code 1852, §§2651-2653; Code 1867, §§3079-3081; Code 1876, §§3419-3421; Code 1886, §§3167-3169; Code 1896, §§3417-3419; Code 1907, §§5450-5452; Code 1923, §§9929-9931; Code 1940, T. 7, §§1133-1135.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-591 - Right of Action and Venue - Usurpation, etc., of Office or Franchise, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-591 - Right of Action and Venue - Usurpation, etc., of Office or Franchise, Etc.
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Section 6-6-591
Right of action and venue - Usurpation, etc., of office or franchise, etc.
(a) An action may be commenced in the name of the state against the party offending in the following cases:
(1) When any person usurps, intrudes into or unlawfully holds or exercises any public office, civil or military, any franchise, any profession requiring a license, certificate, or other legal authorization within this state or any office in a corporation created by the authority of this state;
(2) When any public officer, civil or military, has done or suffered any act by which, under the law, he forfeits his office; or
(3) When any association, or number of persons, acts within this state as a corporation without being duly incorporated.
(b) The judge of the circuit court may direct the action to be commenced when he believes that any of the acts specified in subsection (a) of this section can be proved and it is necessary for the public good, or it may be commenced without the direction of such judge on the information of any person giving security for the costs of the action, to be approved by the clerk of the court in which the action is brought.
(c) An action under this section must be commenced in the circuit court of the county in which the acts are done or suffered or, if to try the right to a corporate office, in the circuit court of the county in which the corporation has its principal office or, if it has no principal office, in any county in which it does business.
(Code 1852, §§2654-2656; Code 1867, §§3082-3084; Code 1876, §§3422-3424; Code 1886, §§3170, 3171; Code 1896, §§3420-3422; Code 1907, §§5453-5455; Code 1923, §§9932-9934; Code 1940, T. 7, §§1136-1138.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-592 - Complaint to Be Clear and Concise.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-592 - Complaint to Be Clear and Concise.
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Section 6-6-592
Complaint to be clear and concise.
The complaint in an action under this article must concisely and clearly set forth the act or omission complained of.
(Code 1852, §2660; Code 1867, §3088; Code 1876, §3428; Code 1886, §3174; Code 1896, §3428; Code 1907, §5461; Code 1923, §9940; Code 1940, T. 7, §1144.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-593 - Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-593 - Court Always Open; Return of Summons; Setting of Case for Trial; Trial by Court or Jury.
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Section 6-6-593
Court always open; return of summons; setting of case for trial; trial by court or jury.
(a) The court is at all times open for the trial of a case or the granting of orders therein. The summons shall be returnable 10 days from the date of issuance, and if five days' service is not had before such return day, the summons is returnable to the first day after the expiration of five days after such service. If such return day shall be a day of any regular or special session of the court, the case stands for trial on the next day after the return day, unless good cause shall be shown for further delay; but if such return day does not fall within a regular or special session, the judge must fix a day for the hearing, of which the clerk must notify the parties or their attorneys; and on such day the case may be tried or, for good cause shown or by consent of parties and the approval of the court, may be continued to another day.
(b) The case specified in this section must be tried by the court without a jury unless a jury is demanded in writing either by the informant at the time of filing the information or by the defendant at the time of filing the answer, but by the consent of both parties a trial by jury may be had where previously waived or may be waived where previously demanded by either party. If need be, the court or judge may order the sheriff to summon the requisite number of persons to serve as jurors.
(Code 1896, §§3424, 3425; Code 1907, §§5457, 5458; Code 1923, §§9936, 9937; Code 1940, T. 7, §§1140, 1141.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-594 - Joinder - Alleged Corporation as Party Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-594 - Joinder - Alleged Corporation as Party Defendant.
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Section 6-6-594
Joinder - Alleged corporation as party defendant.
When the action is against persons acting as a corporation without being duly incorporated, the alleged corporation may be joined as a party defendant, and such joinder does not admit its corporate existence or otherwise prejudice the case of the plaintiff. A judgment and execution may go against it by its alleged corporate name, as in other cases.
(Code 1896, §3423; Code 1907, §5456; Code 1923, §9935; Code 1940, T. 7, §1139.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-595 - Joinder - Informant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-595 - Joinder - Informant.
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Section 6-6-595
Joinder - Informant.
Whenever an action is commenced under the provisions of this article on the information of any person, his name must be joined as plaintiff with the state.
(Code 1852, §2657; Code 1867, §3085; Code 1876, §3425; Code 1886, §3172; Code 1896, §3426; Code 1907, §5459; Code 1923, §9938; Code 1940, T. 7, §1142.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-596 - Effect of Informant's Death.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-596 - Effect of Informant's Death.
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Section 6-6-596
Effect of informant's death.
On the death of the informant pending the action, it may be continued in the name of the surviving informant or of any person who, on application, having first given security for the costs, is substituted in his place; but, on the death of all the informants, if no person is substituted in their place, the action shall be dismissed.
(Code 1852, §§2658, 2659; Code 1867, §§3086, 3087; Code 1876, §§3426, 3427; Code 1886, §3173; Code 1896, §3427; Code 1907, §5460; Code 1923, §9939; Code 1940, T. 7, §1143.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-597 - Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; De...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-597 - Addition of Person Rightly Entitled to Office; Entry of Judgment on Such Right; Delivery of Books, Papers, and Property.
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Section 6-6-597
Addition of person rightly entitled to office; entry of judgment on such right; delivery of books, papers, and property.
(a) When the action is commenced against a person for usurping an office, the name of the person rightly entitled to the office, with a statement of his right thereto, may be added, and, when added, judgment may be entered upon the right of the defendant and also upon the right of the party so alleged to be entitled or only upon the right of the defendant, as justice may require.
(b) If judgment is entered upon the right of the person so alleged to be entitled and the same is in favor of such person, he is entitled, after taking the oath of office and executing such official bond as may be required, to take upon himself the execution of the office, and it is his duty, immediately thereafter, to demand of the defendant all the books, papers, and property in his custody, or within his power, belonging to the office. On refusal or neglect to deliver over the same, he may be proceeded against as is prescribed by the provisions of this Code to compel the delivery of books, papers, property, and money by public officers to successors.
(Code 1852, §§2661-2663; Code 1867, §§3089-3091; Code 1876, §§3429-3431; Code 1886, §§3175, 3176; Code 1896, §§3429, 3430; Code 1907, §§5462, 5463; Code 1923, §§9941, 9942; Code 1940, T. 7, §§1145, 1146.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-598 - Validity of Election Not Triable.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-598 - Validity of Election Not Triable.
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Section 6-6-598
Validity of election not triable.
The validity of an election which may be contested under this Code cannot be tried under the provisions of this article.
(Code 1852, §2664; Code 1867, §3092; Code 1876, §3432; Code 1886, §3177; Code 1896, §3431; Code 1907, §5464; Code 1923, §9943; Code 1940, T. 7, §1147.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-599 - Judgment - Dissolving Corporation and Excluding Same From Corporate Rights, Etc.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-599 - Judgment - Dissolving Corporation and Excluding Same From Corporate Rights, Etc.
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Section 6-6-599
Judgment - Dissolving corporation and excluding same from corporate rights, etc.
If it is adjudged that a corporation against which an action has been commenced under this article has, by neglect, abuse or surrender, forfeited its corporate rights, privileges, and franchises, judgment must be entered that the corporation be excluded from such corporate rights, privileges, and franchises and be dissolved, and judgment for costs must be entered against the persons claiming to be such corporation and the directors or managers thereof, as established by the evidence. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant or the persons claiming to be such corporation shall, within such time, take an appeal to the supreme court.
(Code 1852, §2666; Code 1867, §3094; Code 1876, §3434; Code 1886, §3179; Code 1896, §3433; Code 1907, §5466; Code 1923, §9945; Code 1940, T. 7, §1149.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-600 - Judgment - Excluding Defendant From Office or Franchise or Prohibiting Practice of...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-600 - Judgment - Excluding Defendant From Office or Franchise or Prohibiting Practice of Profession.
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Section 6-6-600
Judgment - Excluding defendant from office or franchise or prohibiting practice of profession.
When a defendant, whether a natural person or a corporation, against whom such action has been commenced, is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any office or franchise or unlawfully practicing any profession, judgment must be entered that such defendant be excluded from the office or franchise or be prohibited from practicing such profession and that the plaintiff recover costs against such defendant. Execution shall be issued on such judgment at the expiration of five days from the date thereof, unless the defendant shall, within such time, take an appeal to the supreme court. Any violation of any such order shall be a contempt of court.
(Code 1852, §2665; Code 1867, §3093; Code 1876, §3433; Code 1886, §3178; Code 1896, §3432; Code 1907, §5465; Code 1923, §9944; Code 1940, T. 7, §1148.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-601 - Costs - Assessment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-601 - Costs - Assessment.
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Section 6-6-601
Costs - Assessment.
If an action under this article is maintained by the state alone and judgment is for the defendant or the defendant is insolvent, the witnesses are paid as in other state cases, but if any person is joined with the state as informant, judgment must be entered against him for the costs if entered for the defendant.
(Code 1852, §2667; Code 1867, §3095; Code 1876, §3435; Code 1886, §3180; Code 1896, §3434; Code 1907, §5467; Code 1923, §9946; Code 1940, T. 7, §1150.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-602 - Costs - Liability of Informant's Sureties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-602 - Costs - Liability of Informant's Sureties.
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Section 6-6-602
Costs - Liability of informant's sureties.
(a) On the dismissal of the action, judgment must be entered against the sureties of the informant for the costs.
(b) In all cases under this article, in which judgment is entered against the informant for costs, execution may issue therefor against his sureties.
(Code 1852, §§2668, 2669; Code 1867, §§3096, 3097; Code 1876, §§3436, 3437; Code 1886, §§3181, 3182; Code 1896, §§3435, 3436; Code 1907, §§5468, 5469; Code 1923, §§9947, 9948; Code 1940, T. 7, §§1151, 1152.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-603 - Appeals - Generally.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-603 - Appeals - Generally.
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Section 6-6-603
Appeals - Generally.
The state, informant, or defendant may appeal to the Supreme Court in accordance with the Alabama Rules of Appellate Procedure.
(Code 1852, §2670; Code 1867, §3098; Code 1876, §3438; Code 1886, §3183; Code 1896, §3437; Code 1907, §5470; Code 1923, §9949; Code 1940, T. 7, §1153.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-13/section-6-6-604/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 13 - Quo Warranto.›Section 6-6-604 - Appeals - Stay of Execution on Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 13 - Quo Warranto. › Section 6-6-604 - Appeals - Stay of Execution on Judgment.
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Section 6-6-604
Appeals - Stay of execution on judgment.
If the defendant is adjudged guilty of usurping or intruding into, or unlawfully holding or exercising, any public office, civil or military, or any office in a corporation created by the authority of this state or unlawfully practicing any profession requiring a license, the appeal does not stay the execution of the judgment unless the party appealing shall execute bond, as prescribed in Rule 8 of the Alabama Rules of Appellate Procedure, payable to the State of Alabama.
(Code 1896, §3438; Code 1907, §5471; Code 1923, §9950; Code 1940, T. 7, §1154.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-620 - Appointment - Power of Circuit Court Judge, Register, or Clerk.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-620 - Appointment - Power of Circuit Court Judge, Register, or Clerk.
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Section 6-6-620
Appointment - Power of circuit court judge, register, or clerk.
Receivers may be appointed by the circuit court judge and by the register or clerk in the absence of the judge, upon application in writing. When the application is made to the register or clerk, reasonable notice of the time of such application and the person to whom it will be submitted must be given, or a good reason shown to the register or clerk for the failure to give the same.
(Code 1852, §2986; Code 1867, §3441; Code 1876, §3881; Code 1886, §3534; Code 1896, §799; Code 1907, §5726; Code 1923, §10113; Code 1940, T. 7, §1156.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-621/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-621 - Appointment - Appeal When Appointed by Register or Clerk.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-621 - Appointment - Appeal When Appointed by Register or Clerk.
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Section 6-6-621
Appointment - Appeal when appointed by register or clerk.
When an order appointing a receiver is made by the register or clerk, it shall be subject to appeal to the circuit judge, which may be heard at any time. Such order must be suspended whenever the appellant enters into bond with sufficient sureties, to be approved by the register or clerk, in such sum as he shall prescribe, payable to the appellee and conditioned to pay the appellee all such costs and damages as he may sustain in case the appeal is not prosecuted to effect.
(Code 1867, §§730, 731; Code 1876, §§639, 640; Code 1886, §3535; Code 1896, §800; Code 1907, §5727; Code 1923, §10114; Code 1940, T. 7, §1157.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-622 - Appointment - Posting of Bond by Applicant; Recovery Upon Bond.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-622 - Appointment - Posting of Bond by Applicant; Recovery Upon Bond.
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Section 6-6-622
Appointment - Posting of bond by applicant; recovery upon bond.
(a) When application is made to the circuit judge, register, or clerk for the appointment of a receiver, such circuit judge, register, or clerk must, before making such appointment, require the applicant to enter into bond, with surety, in such sum as the circuit judge, register, or clerk may prescribe, payable to the opposite party, and to be approved by the judge, register or clerk, with condition to pay all damages which any person may sustain by the appointment of the receiver if such appointment is vacated or receiver removed or discharged because improvidently appointed.
(b) Any person damaged by the appointment of the receiver in the event such appointment is vacated or discharged, as provided in subsection (a) of this section, may recover, by an action upon such bond, in his own name, all damages so sustained, not exceeding the penalty of the bond.
(Code 1896, §§801, 802; Code 1907, §§5728, 5729; Code 1923, §§10115, 10116; Code 1940, T. 7, §§1158, 1159.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-623/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-623 - Appointment - Partnerships; Power of Court to Make Orders Relative to Partnership...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-623 - Appointment - Partnerships; Power of Court to Make Orders Relative to Partnership Business, etc.; Modification or Vacation of Appointment or Orders.
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Section 6-6-623
Appointment - Partnerships; power of court to make orders relative to partnership business, etc.; modification or vacation of appointment or orders.
(a) When any partnership shall be dissolved and the partners cannot agree upon the disposition of the partnership effects and the settlement of the affairs of such partnership, either of them may apply to the circuit court for the county in which either of said partners resides or in which the property of such partnership is situated for the appointment of a receiver to hold the business and all of the estate, both real and personal, belonging to such partnership and dispose of, manage and apply the same as the said court may direct. Upon receiving such application, said court shall forthwith appoint a day for the hearing upon the same and shall make such order relative to notice of such application and of the hearing to the other partners as may be deemed proper. The hearing shall be at least six days from the service of such order or notice, and such court, upon said hearing, may appoint a receiver for said partnership who shall be subject to the orders of said court.
(b) The said court shall have the power to make such orders relative to the management or closing up of the business of such partnership and to the sale, division, or other disposal of its real and personal estate as may be necessary to protect the rights and interests of each partner and of the creditors of such partnership.
(c) Upon the appointment of a receiver for a partnership, he shall be entitled to the immediate possession and control of all its property, both real and personal, subject to the order of said court; but any such appointment or any order of said court may be modified or vacated on the application to said court of any party to such proceedings, reasonable notice of such application and of the time and place of the hearing thereon having first been given to every other party.
(Code 1923, §§10119-10121; Code 1940, T. 7, §§1162-1164.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-624/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-624 - Appointment - Dissolution of Attachments and Levies of Executions Against Corporat...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-624 - Appointment - Dissolution of Attachments and Levies of Executions Against Corporations or Partnerships.
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Section 6-6-624
Appointment - Dissolution of attachments and levies of executions against corporations or partnerships.
The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed made within 60 days next preceding on the property of such corporation or partnership; but if the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of said corporation or partnership or if the receivership shall be terminated by order of the court pending the settlement of the affairs of the corporation or partnership, said attachments and levies of execution shall revive, and the time from the commencement of such proceedings to the time when the receiver shall be dispossessed of the property, or the finding of the court that said property is not subject to the orders of said court or when said trust shall be terminated shall be excluded from the computation in determining the continuance of the lien created by such attachment; but the attachment or levying creditors shall be allowed the amount of their legal costs accruing before the time of the appointment of a receiver as a preferred claim against the estate of said corporation or partnership if their respective claims upon which the attachments are founded shall, in whole or in part, be allowed.
(Code 1923, §10124; Code 1940, T. 7, §1167.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-625/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-625 - Payment of Salaries, Commissions, and Wages Before General Liabilities of Corporat...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-625 - Payment of Salaries, Commissions, and Wages Before General Liabilities of Corporation or Partnership Paid.
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Section 6-6-625
Payment of salaries, commissions, and wages before general liabilities of corporation or partnership paid.
Every debt due to any person on a salary or commission basis or any laborer or mechanic for personal wages from any corporation or partnership for which a receiver shall be appointed for any labor performed for such corporation or partnership within three months next preceding the service of the application for the appointment of a receiver shall be paid in full by the receiver, to the amount of not exceeding $300, before the general liabilities of such corporation or partnership are paid.
(Code 1923, §10122; Code 1940, T. 7, §1165.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-626 - Commencement of Actions Against Receivers or Managers of Property.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-626 - Commencement of Actions Against Receivers or Managers of Property.
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Section 6-6-626
Commencement of actions against receivers or managers of property.
A receiver or manager of property, appointed by any court, may have an action commenced against him in respect to any act or transaction of his in carrying on the business connected with such property in this state without the previous leave of the court in which such receiver or manager was appointed.
(Code 1896, §803; Code 1907, §5730; Code 1923, §10117; Code 1940, T. 7, §1160.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-627/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-627 - Service of Process on Foreign or Domestic Receivers.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-627 - Service of Process on Foreign or Domestic Receivers.
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Section 6-6-627
Service of process on foreign or domestic receivers.
In actions against foreign or domestic receivers holding, owning, claiming, or operating property in this state, the summons and complaint may be executed by the delivery of a copy thereof to the receiver if he is found within the state or, upon affidavit being made by the plaintiff, his agent, or attorney that the receiver cannot be found within the state, then service may be had by leaving a copy of the summons and complaint with any agent in the employ of such receiver; and, if there are two or more receivers of the same estate, firm, person, or corporation, service upon one of such receivers or his agent, as provided in this section, is sufficient.
(Code 1896, §804; Code 1907, §5731; Code 1923, §10118; Code 1940, T. 7, §1161.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-14/section-6-6-628/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 14 - Receivers.›Section 6-6-628 - Removal and Filling of Vacancies.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 14 - Receivers. › Section 6-6-628 - Removal and Filling of Vacancies.
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Section 6-6-628
Removal and filling of vacancies.
Receivers may be removed at any time at the pleasure of the court by which they were appointed, and if any receiver is removed, declines to act or dies, the court that appointed him may fill the vacancy.
(Code 1923, §10123; Code 1940, T. 7, §1166.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-15/section-6-6-640/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 15 - Remedial Writs.›Section 6-6-640 - Commencement by Petition; Answer Thereto; Amendments; Relief Upon Issues Presented...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-640 - Commencement by Petition; Answer Thereto; Amendments; Relief Upon Issues Presented.
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Section 6-6-640
Commencement by petition; answer thereto; amendments; relief upon issues presented.
(a) All applications for mandamus, prohibition, certiorari, or other remedial writ of a supervisory nature shall be commenced by a petition, verified by affidavit, in which the facts shall be stated as briefly and succinctly as the case will admit of, and any defendant may answer as to all such matters as may be necessary to his defense; any of the pleadings in such proceedings may be amended as often as occasion may require to attain the ends of justice and by striking out parties and adding new parties; and upon the issues thus presented, the court shall award the relief, if any, to which the petitioner is entitled.
(b) In any such proceeding, the answer shall not be conclusive, but the truth or sufficiency thereof may be put in issue and controverted.
(Code 1886, §§3128, 3159; Code 1896, §§2825, 2826; Code 1907, §§4804, 4805; Code 1923, §§8978, 8979; Code 1940, T. 7, §§1072, 1073.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-15/section-6-6-641/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 15 - Remedial Writs.›Section 6-6-641 - Appeals.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-641 - Appeals.
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Section 6-6-641
Appeals.
From the final judgment of any circuit court in any such proceeding, an appeal shall lie to the appropriate appellate court as in other cases.
(Code 1886, §3160; Code 1896, §2827; Code 1907, §4866; Code 1923, §8980; Code 1940, T. 7, §1074.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-15/section-6-6-642/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 15 - Remedial Writs.›Section 6-6-642 - Effect of Article.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 15 - Remedial Writs. › Section 6-6-642 - Effect of Article.
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Section 6-6-642
Effect of article.
The common law, as now in force in this state, touching any of the matters embraced in this article, is not repealed, but left in full force, the true intent and meaning of this article being to provide a plain, more speedy, and less expensive mode of procedure in all cases to which it applies; nor is anything contained in this article intended to repeal, alter, or change any statute of this state now in force in reference to proceedings for habeas corpus or mandamus.
(Code 1886, §3166; Code 1896, §2833; Code 1907, §4872; Code 1923, §8986; Code 1940, T. 7, §1080.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-1/section-6-6-660/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 1 - General Provisions.›Section 6-6-660 - Notice of Motion for Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-660 - Notice of Motion for Judgment.
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Section 6-6-660
Notice of motion for judgment.
Judgment may be entered summarily against the persons and for defaults stated in this article, upon notice in writing by the party aggrieved that a motion will be made for judgment, succinctly stating in such notice the cause for which such motion will be made and the court, the time and the place the motion will be submitted.
(Code 1852, §2596; Code 1867, §3025; Code 1876, §3351; Code 1886, §3095; Code 1896, §3763; Code 1907, §5899; Code 1923, §10226; Code 1940, T. 7, §591.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-1/section-6-6-661/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 1 - General Provisions.›Section 6-6-661 - Venue.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-661 - Venue.
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Section 6-6-661
Venue.
The summary remedies given in this article must be enforced in the manner following, except in cases otherwise specially provided in this article:
(1) When the motion is against a sheriff, coroner, clerk, or other officer of court, or their sureties, the motion must be made in the circuit court of the county in which such officer was acting officially at the time of the default or in the court to which the process was returnable when the default consists in the failure to execute or return process or to pay over money collected thereon; and
(2) In all other cases not specially provided for, the motion must be made in the circuit court of the county in which the person moved against resides or, if he has no permanent residence, then in any county where he may be found.
(Code 1852, §2600; Code 1867, §3029; Code 1876, §3355; Code 1886, §3099; Code 1896, §3767; Code 1907, §5903; Code 1923, §10230; Code 1940, T. 7, §594.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-1/section-6-6-662/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 1 - General Provisions.›Section 6-6-662 - Parties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-662 - Parties.
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Section 6-6-662
Parties.
The motion may be made by the party aggrieved or his legal representative against the person in default and the sureties upon his official bond, and the judgment must be entered against such of the parties, whether principal or surety, as may have received notice of the intended motion.
(Code 1852, §2597; Code 1867, §3026; Code 1876, §3352; Code 1886, §3096; Code 1896, §3764; Code 1907, §5900; Code 1923, §10227; Code 1940, T. 7, §592.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-1/section-6-6-663/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 1 - General Provisions.›Section 6-6-663 - Hearing and Determination.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 1 - General Provisions. › Section 6-6-663 - Hearing and Determination.
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Section 6-6-663
Hearing and determination.
Unless in cases otherwise directed by this article, the court must hear and determine the motion and enter judgment upon the evidence without a jury unless an issue is tendered and a jury trial demanded, when a jury must be immediately impaneled to try the facts, unless good cause shall be shown for a continuance.
(Code 1852, §2599; Code 1867, §3028; Code 1876, §3354; Code 1886, §3098; Code 1896, §3766; Code 1907, §5902; Code 1923, §10229; Code 1940, T. 7, §593.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-2/section-6-6-680/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 2 - Sheriffs, Coroners and Other Officers.›Section 6-6-680 - Judgment Against Sheriff, etc., Receiving or Executing Writ.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-680 - Judgment Against Sheriff, etc., Receiving or Executing Writ.
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Section 6-6-680
Judgment against sheriff, etc., receiving or executing writ.
Judgment must be entered for the plaintiff, on three days' notice, against the sheriff, coroner, or other officer receiving or executing the writ in the following cases:
(1) For failing to return an execution, 20 percent on the judgment;
(2) For failing to pay over money collected upon an execution, on demand of the plaintiff, his agent, or attorney, for the amount so collected and five percent per month damages from the time such demand was made;
(3) For failing to make the money on an execution, which by due diligence could have been made, for the amount of the execution, interest, and 10 percent damages thereon;
(4) For fraudulently making a false return, for the amount of the execution, interest, and 10 percent damages thereon;
(5) For failing to notify the plaintiff, his agent, or attorney of the collection of money by execution, for five percent per month on the amount collected from the time when the notice should have been given, not to exceed $25 per month;
(6) For failing to endorse on an execution the true date of its delivery to him, for 10 percent on the amount of the execution, and the officer is also responsible for any injury or loss which may arise from such omission; and
(7) For failure to execute a summons, attachment, or other mesne process, which by due diligence could have been executed, for a sum not less than $50, nor more than $500, to be ascertained by a jury. This remedy shall not preclude the party injured from a resort to other legal modes of redress.
(Code 1852, §§2601-2607; Code 1867, §§3031-3037; Code 1876, §§3356-3362; Code 1886, §§3100-3106; Code 1896, §§3768-3774; Code 1907, §§5904-5910; Code 1923, §§10231-10237; Code 1940, T. 7, §595.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-2/section-6-6-681/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 2 - Sheriffs, Coroners and Other Officers.›Section 6-6-681 - Judgment in Favor of Defendant.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-681 - Judgment in Favor of Defendant.
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Section 6-6-681
Judgment in favor of defendant.
Judgment must, in like manner, be entered in favor of the defendant in execution against the sheriff or coroner, on three days' notice, in the following cases:
(1) For failure to pay over on demand any excess of money which may remain upon a sale under execution after satisfaction thereof and of the costs, for the amount of such excess and five percent per month after demand;
(2) For failing to return an execution wholly or partially satisfied, for 25 percent on the amount paid; and
(3) For failing to pay over on demand money paid or collected on an execution, the whole or any part of which is enjoined, for the amount so enjoined and five percent per month on the amount from the time of the demand.
(Code 1852, §§2608-2611; Code 1867, §§3038-3041; Code 1876, §§3363-3366; Code 1886, §§3107-3110; Code 1896, §§3775-3778; Code 1907, §§5911-5914; Code 1923, §§10238-10241; Code 1940, T. 7, §596.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-2/section-6-6-682/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 2 - Sheriffs, Coroners and Other Officers.›Section 6-6-682 - Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-682 - Judgment in Favor of Clerk of Appellate Court; Copy of Execution and Certification of Clerk as Evidence.
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Section 6-6-682
Judgment in favor of clerk of appellate court; copy of execution and certification of clerk as evidence.
(a) Judgment must, in like manner, be entered in favor of the clerk of an appellate court against the sheriff or coroner, on three days' notice:
(1) For failure to return an execution from that court;
(2) For making a false return thereon;
(3) For failing to make the money thereon when by due diligence it could have been made; or
(4) For failing on demand to pay over money collected on execution, for the penalties prescribed in this division for the same defaults on executions issued from the circuit court.
(b) On the trial of the motion by such clerk, a copy of the execution made and certified by him with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with his certificate that the execution was received by the sheriff or sent to him by mail is evidence of the facts so certified, without producing a transcript of the record from the proceedings of an appellate court, and also presumptive evidence that the writ was received by the sheriff, unless he states, under oath in writing, that he never received the writ or that he returned it according to law.
(Code 1852, §§2612-2614; Code 1867, §§3042-3044; Code 1876, §§3367-3369; Code 1886, §§3111-3112; Code 1896, §§3779, 3780; Code 1907, §§5915, 5916; Code 1923, §§10242, 10243; Code 1940, T. 7, §§597, 598.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-2/section-6-6-683/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 2 - Sheriffs, Coroners and Other Officers.›Section 6-6-683 - Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Th...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-683 - Judgment Against Officer Accepting Substitute for Juror or Serving Person Other Than One to Be Drawn.
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Section 6-6-683
Judgment against officer accepting substitute for juror or serving person other than one to be drawn.
Any officer who accepts or receives a substitute for any person drawn as a juror or whom he is directed to summon as a juror or who intentionally serves any other person than the one drawn as a juror or whom he is directed to summon as a juror must be fined $50, to be recovered on motion by the district attorney, in the name of the state, in the circuit court of the county in which the offense is committed, on five days' notice, one half of which shall be for the use of the county and the other half for the use of the district attorney.
(Code 1876, §3371; Code 1886, §3113; Code 1896, §3781; Code 1907, §5917; Code 1923, §10244; Code 1940, T. 7, §599.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-2/section-6-6-684/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 2 - Sheriffs, Coroners and Other Officers.›Section 6-6-684 - Entry of Judgment in Favor of Sheriff or Coroner.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 2 - Sheriffs, Coroners and Other Officers. › Section 6-6-684 - Entry of Judgment in Favor of Sheriff or Coroner.
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Section 6-6-684
Entry of judgment in favor of sheriff or coroner.
(a) Judgment must, in like manner, be summarily entered in favor of the sheriff or coroner, on three days' notice of the pendency of the action:
(1) Against the obligors on bonds given to indemnify such officer for levying an execution or attachment or for making sale of property so levied on or attached after judgment against him for making such levy or sale, for the amount entered against such officer, with interest from the date of judgment against him.
(2) Against the deputy of the sheriff or coroner and his sureties, or either of them, for the amount of any judgment entered against the sheriff or coroner for the default of such deputy, with interest from date of judgment against him.
(b) Judgment must, in like manner, be summarily entered in favor of the sheriff, on three days' notice, against the judge of probate, for the amount of any fees received by him for such sheriff for the service of citations, notices, or other process in relation to estates of deceased persons or minors which, on demand, have not been paid over, with five percent per month from the time of such demand.
(Code 1852, §2615; Code 1867, §§813, 3045; Code 1876, §§3374, 3375; Code 1886, §§3114, 3115; Code 1896, §§3782, 3783; Code 1907, §§5918, 5919; Code 1923, §§10245, 10246; Code 1940, T. 7, §§600, 601.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-3/section-6-6-700/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 3 - Clerks and Registers.›Section 6-6-700 - Entry of Judgment Against Clerk, Register, or Their Sureties.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 3 - Clerks and Registers. › Section 6-6-700 - Entry of Judgment Against Clerk, Register, or Their Sureties.
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Section 6-6-700
Entry of judgment against clerk, register, or their sureties.
Judgment must, in like manner, be summarily entered against the clerk of the circuit court and his sureties, or either of them, and against the register in circuit court and his sureties, or either of them, on three days' notice, in the following cases:
(1) In favor of the plaintiff in execution for failure to enter on the execution docket the return made upon an execution by the proper officer, within three days after the return is made, for 20 percent on the amount of the execution and interest thereon;
(2) For failing on demand to pay over money received by him on any judgment or paid into court, on a plea of tender, other plea, or by rule of court, for the sum so received by him with five percent per month on the amount from the time of the demand;
(3) For failing to notify the plaintiff, his agent, or attorney under the provisions of Section 6-9-92, which are made to apply to such clerk, of the collection of money upon judgments, for five percent per month on the amount collected, from the time when the notice should have been given, not to exceed $25 per month;
(4) For failing to issue execution as required by Section 6-9-23, within the time prescribed by law or at any time subsequent on the request of the party interested, his agent, or attorney or for failing to issue execution within five days on any bond returned forfeited and upon which execution may rightfully issue and upon any judgment remanded from the supreme court, for 20 percent on the amount of the judgment;
(5) In favor of the party entitled thereto for failing, on demand, to pay over money received by him under Rule 22, Alabama Rules of Civil Procedure, for the amount so paid and five percent damages thereon per month from the time of the demand;
(6) In favor of the state, in the circuit court held at the seat of government or of the county in which the clerk or any surety proceeded against resides, on 10 days' notice, in the following cases:
a. For failing to issue execution for any forfeiture belonging to the state treasury within the time prescribed, for $200; and
b. For failure to pay into the State Treasury any fine, penalty, or forfeiture belonging thereto received by such clerk within one month after it was received by him, for the amount so received and 10 percent damages thereon; and
(7) In favor of the state, on three days' notice, in the circuit court of the county of such clerk, for the neglect of the duty imposed by Section 12-17-96, for not less than $100 nor more than $500, at the discretion of the court.
(Code 1852, §§2616-2623, 2625, 2626; Code 1867, §§770, 3046-3054, 3056, 3057; Code 1876, §§3376-3384, 3386-3388; Code 1886, §§3116-3127; Code 1896, §§3784-3795; Code 1907, §§5920-5931; Code 1923, §§10247-10258; Code 1940, T. 7, §§602-613.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-4/section-6-6-720/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 4 - Officers and Other Persons Receiving Public Moneys.›Section 6-6-720 - Entry of Summary Judgment in Favor of State Against Certain Defaulters or Sureties...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-720 - Entry of Summary Judgment in Favor of State Against Certain Defaulters or Sureties.
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Section 6-6-720
Entry of summary judgment in favor of state against certain defaulters or sureties.
Summary judgment must be entered in favor of the state against the defaulters named in this section and their sureties, or either, in any court of the county of their residence having jurisdiction, on 10 days' notice, in the following cases:
(1) Against any tax assessor for making up a false or fraudulent assessment, in each case, for not more than $500, and such tax assessor may also be imprisoned in the county jail for not exceeding three months;
(2) Against any county treasurer or county depositaries, or any officer or agency of the county charged with the duty and custody of receiving and paying out county funds, for failing to pay over the excess of purchase money as provided in the revenue law to the former owner of any property sold for taxes, for not less than $200;
(3) Against any judge of probate for failing to make out and forward abstracts, reports, or returns according to the requirements of the revenue law, for not more than $500;
(4) Against any tax collector for knowingly collecting more taxes from a taxpayer than authorized by law or justified by the assessment, in each case, for not more than $500; and
(5) Against any tax collector for not paying over surplus of sale of any property sold by him for the payment of taxes as required by law, for not more than $100.
(Code 1876, §3392; Code 1886, §3132; Code 1896, §3800; Code 1907, §5936; Code 1923, §10263; Code 1940, T. 7, §618.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-4/section-6-6-721/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 4 - Officers and Other Persons Receiving Public Moneys.›Section 6-6-721 - Forfeiture of Half of Compensation by Tax Collector, Tax Assessor, or Probate Judg...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-721 - Forfeiture of Half of Compensation by Tax Collector, Tax Assessor, or Probate Judge for Failure to Discharge Duties.
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Section 6-6-721
Forfeiture of half of compensation by tax collector, tax assessor, or probate judge for failure to discharge duties.
Any tax collector, tax assessor, or judge of probate who knowingly and willfully neglects to discharge any of his duties as required in the revenue law shall forfeit one half of his compensation under that law for the use of the county, which may be recovered on motion in the circuit court of the county on 10 days' notice. It shall be the duty of the district attorney to make such motion, but any other person may make it.
(Code 1876, §3394; Code 1886, §3133; Code 1896, §3801; Code 1907, §5937; Code 1923, §10264; Code 1940, T. 7, §619.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-4/section-6-6-722/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 4 - Officers and Other Persons Receiving Public Moneys.›Section 6-6-722 - Judgment Against County Treasurer, etc., Failing to Pay Allowed Claim.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-722 - Judgment Against County Treasurer, etc., Failing to Pay Allowed Claim.
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Section 6-6-722
Judgment against county treasurer, etc., failing to pay allowed claim.
If any county treasurer or other custodian of county funds fails, on demand and without good excuse, to pay an allowed claim against the county when there are funds in the treasury to pay the same, judgment may be obtained against him and his sureties, or any or either of them, on five days' notice, on motion in the circuit court of the county, in the name of the party to whom the claim is payable, his legal representatives or assigns for the amount of the claim, with interest from the time of the demand and 10 percent damages and costs.
(Code 1852, §795; Code 1867, §930; Code 1876, §3395; Code 1886, §3134; Code 1896, §3802; Code 1907, §5938; Code 1923, §10265; Code 1940, T. 7, §620.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-4/section-6-6-723/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 4 - Officers and Other Persons Receiving Public Moneys.›Section 6-6-723 - Judgment for Failure to Pay Over Moneys Collected or Received for County.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 4 - Officers and Other Persons Receiving Public Moneys. › Section 6-6-723 - Judgment for Failure to Pay Over Moneys Collected or Received for County.
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Section 6-6-723
Judgment for failure to pay over moneys collected or received for county.
If any tax collector, judge of probate, sheriff, clerk, or other officer or person fails to pay to the county treasurer or other custodian of county funds, within the time prescribed by law or, in case no time is fixed by law, on the demand of such treasurer or other custodian of county funds, any money he has collected or received for the county, judgment may be recovered against such person or such officer and his sureties, or any or either of them, on 10 days' notice, on motion of such treasurer or other custodian of county funds, in the circuit court in the name of the county, for the amount so collected or received, with interest from the time fixed for the payment or from the demand when no time is fixed and 10 percent damages and costs.
(Code 1852, §785; Code 1867, §920; Code 1876, §3396; Code 1886, §3135; Code 1896, §3803; Code 1907, §5939; Code 1923, §10266; Code 1940, T. 7, §621.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-16/division-5/section-6-6-740/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 16 - Statutory Summary Proceedings Involving Officials.›Division 5 - Attorneys-at-Law.›Section 6-6-740 - Judgment for Failure to Pay Over Money Collected or Deliver Personal Property Reco...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 16 - Statutory Summary Proceedings Involving Officials. › Division 5 - Attorneys-at-Law. › Section 6-6-740 - Judgment for Failure to Pay Over Money Collected or Deliver Personal Property Recovered in Capacity as Attorney.
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Section 6-6-740
Judgment for failure to pay over money collected or deliver personal property recovered in capacity as attorney.
(a) Judgment may, in like manner, be summarily entered against any attorney-at-law in this state who fails to pay over money collected by him or deliver personal property recovered by him in that capacity, whether by an action or otherwise, on demand made by the person entitled thereto, his agent or attorney for the amount collected or the value of the property recovered, less the amount due the attorney for fees or compensation for services, interest thereon, and damages at the rate of five percent a month, after such demand, on the aggregate amount, in the circuit court of the county in which such attorney resides or, if he has no known place of residence in this state, in the circuit court of any county, on three days' personal notice; but such attorney may, if a doubt exists as to the right of the person making the demand or if there is a dispute as to the compensation due the attorney for the collection or recovery of the money or property, pay the money into court or turn the property over to the sheriff at the trial of such motion and have such questions there decided without being liable for interest or damages.
(b) The court may require the party claiming the money or property to establish his right thereto and, in determining the question of compensation, may examine both parties. The court may award costs, including the sheriff's reasonable expenses for preserving the property, at its discretion.
(Code 1852, §§2635-2637; Code 1867, §§3062-3064; Code 1876, §§3402-3404; Code 1886, §§3142, 3143; Code 1896, §§3810, 3811; Code 1907, §§5946, 5947; Code 1923, §§10267, 10268; Code 1940, T. 7, §§622, 623.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-17/section-6-6-750/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-750 - Definitions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-750 - Definitions.
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Section 6-6-750
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) UNIT. Every county, city, town, district, or other political subdivision in the state of Alabama.
(2) OBLIGATIONS. Bonds, warrants, certificates of indebtedness, and notes of a unit, including bonds, warrants, certificates of indebtedness, and notes that are general obligations of the issuing unit and those that are payable solely from a specified source.
(3) DISTRICT ATTORNEY. The district attorney of the judicial circuit for the county or, if such has been appointed by the district attorney, an assistant district attorney who represents such county.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §169; Acts 1971, No. 972, p. 1734.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-751 - Right to File Petition to Determine Validity of Obligations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-751 - Right to File Petition to Determine Validity of Obligations.
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Section 6-6-751
Right to file petition to determine validity of obligations.
When any unit desiring to issue any obligations shall hold an election for that purpose in accordance with the provisions of the Constitution and laws of this state controlling and regulating such election and the returns of such election shall show prima facie that such election is in favor of the issuance of such obligations, or when the governing body of any unit, in any case where an election is not required by the Constitution or laws of this state, shall adopt any ordinance or resolution or take any other action required by law for the issuance of obligations of such unit, the governing body of such unit may in its discretion, before the issuance of any of such obligations, determine its authority to issue such obligations and the legality of all proceedings had or taken in connection therewith, the validity of the tax or other means provided for the payment thereof and the validity of all pledges of revenues and of all covenants and provisions contained in any such ordinance or resolution by filing a petition against the taxpayers and citizens of the unit in the circuit court of the county in which such election has been held or other such proceedings have been had or taken.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §170.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-17/section-6-6-752/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-752 - Contents of Petition; Order to Show Cause; Service of Petition and Order on Distri...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-752 - Contents of Petition; Order to Show Cause; Service of Petition and Order on District Attorney; Publication of Public Notice.
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Section 6-6-752
Contents of petition; order to show cause; service of petition and order on district attorney; publication of public notice.
(a) The authority for issuing such obligations, the fact that an election has been held and that such election was in favor of the issuance of such obligations, if an election was required, the ordinances or resolutions authorizing their issuance and the fact of their adoption, and all essential proceedings had or taken in connection therewith, the amount of the obligations to be issued, the maximum rate of interest they are to bear, when principal and interest are to be paid and the place of payment (unless the successful bidder at public sale will have the right to name, designate, request, or suggest the place of payment, which shall be stated if this is the case), the tax or other means provided for their payment, the assessed value of the property in the unit, the amount of outstanding indebtedness incurred and the date or dates when so incurred and the amount in each sinking fund of the unit shall be briefly set out in said petition by appropriate allegations, references, or exhibits.
(b) The judge of said court shall, on the filing and presentation of said petition, issue an order against the taxpayers and citizens of such unit requiring them to show cause at a time and place to be designated in said order, which time shall be not less than 20 days nor more than 40 days after the issuance of such order and which place shall be within the county in which the petition is filed, why said obligations should not be validated and confirmed.
(c) A copy of said petition and order shall be served, at least 18 days before the date fixed in such order for the hearing on the district attorney of the county in which such proceedings are pending. It shall be the duty of the district attorney to examine such petition carefully, and if it appears to him, or if he has any reason to believe, that such petition is defective, insufficient, or untrue, or if it is his opinion that the obligations in question have not been properly authorized or would be in violation of law, that the tax or other means provided for their payment would not be valid or that any pledge or other covenant or provision for the benefit of said obligations would not be valid, then he shall make such defense thereto as to him shall seem proper. Any officer, agent, or employee who has charge, possession, custody, or control of any of the books, papers, or records of said unit shall, on demand of the district attorney, exhibit to him for examination said books, papers, and records and shall, without cost, furnish to him duly authenticated copies of such books, papers, and records which pertain to the proceedings for the issuance of such obligations or which might affect the legality of same or the validity of the tax or the means provided for their payment, as he shall demand.
(d) Prior to the hearing of said case, the register or clerk of said court shall publish, in a newspaper published in the unit, once each week for at least three weeks before the hearing, the first publication to be at least 18 days before such hearing, a notice addressed to the taxpayers and citizens of such unit requiring them, at the time and place specified in the order providing for the hearing of such case, to show cause, if any they have, why said obligations and the tax or other means provided for their payment and any pledges or other covenants, provisions, or agreements for the benefit of said obligations that may be referred to in the petition should not be validated and confirmed; provided, that if no newspaper is published in such unit, then such notice shall be published as aforesaid in a newspaper published in the county or, if no newspaper is published in the county, then in a newspaper published within the state and having a general circulation in such unit. By the publication of such notice, all taxpayers and citizens of such unit shall become parties defendant to said proceedings, and the court shall have jurisdiction of them the same as if each of them were named individually as a party defendant in said petition and personally served with process.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §171; Acts 1959, No. 495, p. 1229; Acts 1971, No. 972, p. 1734.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-17/section-6-6-753/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-753 - Hearing and Determination; Contents of Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-753 - Hearing and Determination; Contents of Judgment.
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Section 6-6-753
Hearing and determination; contents of judgment.
At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said case, and he shall make such orders as to the proceedings in said case and adjournments as will best conserve the interests of all parties and enable him to enter a judgment with the least possible delay. The judgment shall find the facts specially and shall state separately the judge's conclusions of law thereon. Any taxpayer or citizen of the unit may appear in such proceedings either personally or by attorney.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §172.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-754 - Appeal From Judgment of Circuit Court.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-754 - Appeal From Judgment of Circuit Court.
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Section 6-6-754
Appeal from judgment of circuit court.
Any party to said proceedings, whether petitioner, defendant, or intervenor, dissatisfied with the judgment of the court, may appeal therefrom to the supreme court in accordance with the Alabama Rules of Appellate Procedure.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §173.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-755 - Conclusiveness of Judgment Validating and Confirming Issuance.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-755 - Conclusiveness of Judgment Validating and Confirming Issuance.
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Section 6-6-755
Conclusiveness of judgment validating and confirming issuance.
If the circuit court shall enter a judgment validating and confirming the issuance of the obligations and no appeal shall be taken within the time prescribed in Section 6-6-754 or if taken and the judgment validating such obligations shall be affirmed by the Supreme Court, or if the circuit court shall enter a judgment refusing to validate and confirm the issuance of the obligations and on appeal such judgment shall be reversed by the Supreme Court, in which case the Supreme Court shall issue its mandate to the circuit court requiring it to enter a judgment validating and confirming the issuance of the obligations, the judgment of the circuit court validating and confirming the issuance of the obligations shall be forever conclusive as to the validity of such obligations against the unit issuing them and against all taxpayers and citizens thereof, and the validity of such obligations or of the tax or other means provided for their payment shall never be called in question in any court in this state.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §174.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-756 - Marking of Validated Obligations.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-756 - Marking of Validated Obligations.
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Section 6-6-756
Marking of validated obligations.
Obligations validated under the provisions of this article shall have stamped or written thereon by the proper officers of such unit the words: "Validated and confirmed by judgment of the Circuit Court of … County, State of Alabama, entered on the … day of …, 19…," which shall be signed by the register or clerk of the circuit court in which the judgment was entered, and such entry shall be original evidence of said judgment in any court in this state.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §175.)
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https://law.justia.com/codes/alabama/title-6/chapter-6/article-17/section-6-6-757/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 6 - Remedies.›Article 17 - Validation of County, City, etc., Obligations.›Section 6-6-757 - Costs.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 6 - Remedies. › Article 17 - Validation of County, City, etc., Obligations. › Section 6-6-757 - Costs.
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Section 6-6-757
Costs.
The costs in any proceeding under this article shall be paid by the unit issuing such obligations.
(Acts 1935, No. 196, p. 582; Code 1940, T. 7, §176.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-1/section-6-7-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 1 - Wife for Husband.›Section 6-7-1 - Prosecution or Defense of Actions in Name of Husband or Father.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 1 - Wife for Husband. › Section 6-7-1 - Prosecution or Defense of Actions in Name of Husband or Father.
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Section 6-7-1
Prosecution or defense of actions in name of husband or father.
When a husband or father has deserted his family, is confined in a hospital operated by the Alabama Mental Health Department, not having been declared of unsound mind, or is imprisoned for a term of two years or more under a conviction for crime, the wife or mother may prosecute and defend in his name any action which he might have prosecuted or defended, and has the same powers and rights in reference to such action which he might have had.
(Code 1852, §2136; Code 1867, §2532; Code 1876, §2901; Code 1886, §2578; Code 1896, §16; Code 1907, §2475; Code 1923, §5684; Code 1940, T. 7, §100.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 2 - Persons in Federal Service.›Section 6-7-20 - Persons in Federal Service and Spouses Living in State Deemed Residents for Purpose...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 2 - Persons in Federal Service. › Section 6-7-20 - Persons in Federal Service and Spouses Living in State Deemed Residents for Purpose of Commencing Actions.
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Section 6-7-20
Persons in federal service and spouses living in state deemed residents for purpose of commencing actions.
(a) Any person in any branch or service of the government of the United States of America, including those in the military, air, and naval service, and the husband or wife of any such person, if he or she is living within the borders of the State of Alabama, shall be deemed to be a resident of the State of Alabama for the purpose of commencing any civil action in the courts of this state.
(b) This section shall be liberally construed and be given retrospective as well as prospective effect.
(Acts 1955, No. 576, p. 1253.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-3/section-6-7-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 3 - Bankrupts.›Section 6-7-30 - Proceedings When Defendant Involved in Bankruptcy.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 3 - Bankrupts. › Section 6-7-30 - Proceedings When Defendant Involved in Bankruptcy.
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Section 6-7-30
Proceedings when defendant involved in bankruptcy.
In any civil action in any court in this state in which the defendant has been adjudicated a bankrupt, in which a defendant has filed a petition in bankruptcy or against whom a petition in bankruptcy has been filed, it shall be the duty of the court in which such civil action is pending to proceed with the trial of such action, if leave to do so is granted by the bankruptcy court, and to enter judgment in accordance with the law and the evidence in the case. The court in which such civil action is pending shall also have authority, and it shall be its duty, to grant such stay of execution against such defendant as may be appropriate or as may be provided for in the order of the bankruptcy court, or to embody in the judgment entered in such case such provision as may be appropriate, or as may be provided in the order of said bankruptcy court, so as to limit the manner of enforcement of said judgment, or so as to limit the property from which such judgment may be collected or so as to limit the right of the plaintiff to the right to collect said judgment from others or another who may be liable or responsible for such judgment by virtue of a contract or arrangement or relationship with the said defendant.
(Acts 1959, 1st Ex. Sess., No. 39, p. 76.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 4 - Cotenants.›Section 6-7-40 - Action Against Cotenant or Coparcener.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 4 - Cotenants. › Section 6-7-40 - Action Against Cotenant or Coparcener.
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Section 6-7-40
Action against cotenant or coparcener.
A joint tenant, tenant in common, or tenant in coparcenary may commence an action against his cotenant or coparcener, or personal representative for receiving more than his lawful proportion.
(Code 1923, §5685; Code 1940, T. 7, §101.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-5/section-6-7-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 5 - Nonconsenting Plaintiff.›Section 6-7-50 - Use of Nonconsenting Person's Name by Another Plaintiff; Nonconsenting Person's Rig...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 5 - Nonconsenting Plaintiff. › Section 6-7-50 - Use of Nonconsenting Person's Name by Another Plaintiff; Nonconsenting Person's Right to Recovery.
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Section 6-7-50
Use of nonconsenting person's name by another plaintiff; nonconsenting person's right to recovery.
If any person necessary to be joined as plaintiff in any action or proceeding shall, upon request, not consent to join therein, his name may, nevertheless, be used by the other party plaintiff, upon filing with the clerk of the court an obligation with good and sufficient sureties, to be approved by the judge or the clerk of the court in which the action or proceeding is to be commenced, shown by his endorsement of approval thereon, to protect, save harmless and indemnify the person whose name is so used from the payment of any costs, judgment or expenses in said action. If, however, the plaintiffs shall recover a judgment in such action or proceeding, the person so refusing to allow the use of his name shall not be entitled to receive any part thereof until he pays the expense incurred in giving the obligations, his equitable share of the costs and expenses of the litigation, including plaintiff's attorney's fees, and discharges the obligation.
(Code 1923, §5708; Code 1940, T. 7, §135.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-6/section-6-7-70/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 6 - Partnerships.›Section 6-7-70 - Commencement of Action Against Partnership in Common Name or Against Any Associates...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 6 - Partnerships. › Section 6-7-70 - Commencement of Action Against Partnership in Common Name or Against Any Associates Thereof.
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Section 6-7-70
Commencement of action against partnership in common name or against any associates thereof.
Two or more persons associated together as partners in any business or pursuit who transact business under a common name, whether it comprises the names of such persons or not, may be sued by their common name in all civil actions, whether hitherto denominated as legal or equitable in nature; and the judgment in the action binds the joint property of all the associates in the same manner as if all had been named defendants, had been sued upon their joint liability and served with process. Any one or more of the associates, or their legal representatives, may also be sued for the obligation of all.
(Code 1852, §2142; Code 1867, §2538; Code 1876, §2904; Code 1886, §2605; Code 1896, §40; Code 1907, §2506; Code 1923, §5722; Code 1940, T. 7, §141.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-7/section-6-7-80/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 7 - Unincorporated Associations.›Section 6-7-80 - Right to Commence Actions.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 7 - Unincorporated Associations. › Section 6-7-80 - Right to Commence Actions.
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Section 6-7-80
Right to commence actions.
An action may be commenced by, and in the name of, any unincorporated organization or association.
(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §5723; Code 1940, T. 7, §142.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-7/section-6-7-81/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 7 - Unincorporated Associations.›Section 6-7-81 - Commencement of Actions Against; Satisfaction of Judgment.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 7 - Unincorporated Associations. › Section 6-7-81 - Commencement of Actions Against; Satisfaction of Judgment.
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Section 6-7-81
Commencement of actions against; satisfaction of judgment.
(a) Actions may be commenced against, and in the name of, any unincorporated organization or association for any cause of action for or upon which the plaintiff therein may commence such an action against the members of such organization or association.
(b) Where a judgment in such action is entered in favor of the plaintiff against such organization or association, the property of such organization or association shall be liable to the satisfaction of such judgment.
(Acts 1921, Ex. Sess., No. 13, p. 14; Code 1923, §§5724, 5727; Code 1940, T. 7, §§143, 145.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-8/section-6-7-100/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 8 - Infants and Incompetents.›Section 6-7-100 - Substitution Pending an Action - Guardian for Next Friend.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-100 - Substitution Pending an Action - Guardian for Next Friend.
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Section 6-7-100
Substitution pending an action - Guardian for next friend.
If the action is not for a personal injury to the ward, whether the ward is a minor or a person of unsound mind, on the appointment of a guardian pending an action, such guardian may, on application, be substituted for the next friend, and the action must proceed in the name of the guardian for the use of the ward.
(Code 1867, §2528; Code 1876, §2895; Code 1886, §2581; Code 1896, §19; Code 1907, §2478; Code 1923, §5688; Code 1940, T. 7, §104.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-8/section-6-7-101/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 8 - Infants and Incompetents.›Section 6-7-101 - Substitution Pending an Action - Death of Ward.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-101 - Substitution Pending an Action - Death of Ward.
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Section 6-7-101
Substitution pending an action - Death of ward.
If, pending an action, a ward should die, his or her personal representative may be made the party plaintiff or, if the nature of the case requires it, his or her heirs may be made parties plaintiff upon a motion served, as provided in the Alabama Rules of Civil Procedure.
(Code 1852, §2132; Code 1867, §2526; Code 1876, §2893; Code 1886, §2582; Code 1896, §20; Code 1907, §2479; Code 1923, §5689; Code 1940, T. 7, §105.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-8/section-6-7-102/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 8 - Infants and Incompetents.›Section 6-7-102 - Actions Against Guardians of Persons of Unsound Minds.
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-102 - Actions Against Guardians of Persons of Unsound Minds.
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Section 6-7-102
Actions against guardians of persons of unsound minds.
The guardian of a person of unsound mind may have an action commenced against him on any contract made by the ward, for any tort committed by him while of sound mind or for necessaries furnished him or his family before the appointment of a guardian.
(Code 1867, §2432; Code 1876, §2795; Code 1886, §2583; Code 1896, §21; Code 1907, §2480; Code 1923, §5690; Code 1940, T. 7, §106.)
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https://law.justia.com/codes/alabama/title-6/chapter-7/article-8/section-6-7-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 6 - Civil Practice.›Chapter 7 - Parties.›Article 8 - Infants and Incompetents.›Section 6-7-103 - Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Ther...
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2023 Code of Alabama › Title 6 - Civil Practice. › Chapter 7 - Parties. › Article 8 - Infants and Incompetents. › Section 6-7-103 - Action for Improper Appointment of Guardians Ad Litem; Statute of Limitations Thereon; Liability for Suggestion of Appointment by Plaintiff, Etc.
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Section 6-7-103
Action for improper appointment of guardians ad litem; statute of limitations thereon; liability for suggestion of appointment by plaintiff, etc.
(a) Any judge, register, clerk, or other officer who shall knowingly appoint any person as guardian ad litem for any infant or non compos mentis in violation of the provisions of the Alabama Rules of Civil Procedure, shall be liable to a penalty of $200, which may be recovered by such infant or non compos mentis, or his next friend suing for him, in an action in any court having jurisdiction of civil actions for such amount. Such a claim shall not be barred by the statute of limitations until after two years after the arrival of the infant at the age of 19 years or the restoration of the non compos mentis to sanity.
(b) Any plaintiff or petitioner, his attorney, or counsel, or any person for him who shall suggest or nominate a guardian ad litem in any action commenced by such plaintiff or petitioner shall be liable to the same penalty and action as provided for in subsection (a) of this section.
(Code 1907, §§4483, 4484; Code 1923, §§8257, 8258; Code 1940, T. 7, §§178, 179.)
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